Case No. UKUT-00226-(IAC)
Upper Tribunal Immigration and Asylum Chamber

Case No. UKUT-00226-(IAC)

Fecha: 20-Ene-2016

Framework of this appeal

(9) A case management review was convened for the purpose of clarifying and delineating the framework of this appeal . This was stimulated by the panel’s perception of a significant lack of clarity relating to the issues of fact and law to be determined . Th is resulted in th e parties’ joint suggested formulation of the issues in the follow ing term s: (i) First, does this Tribunal have jurisdiction to determine whether the Appellant is a victim of trafficking? (ii) If this Tribunal is so empowered and proceeds to make a finding of trafficking, what is the impact, if any, of such finding on the removal decision under appeal? (iii) Is there any distinction in law between a victim of trafficking and a victim of forced labour? (iv) If this Tribunal finds the Appellant to be a victim of trafficking, does the Secretary of State have continuing obligations to him under Articles 12 – 14 of the Trafficking Convention? And would the removal of the Appellant from the United Kingdom violate A rticle 16 thereof ? (v) In Refugee Convention terms, will the Appellant, in the event of returning to Pakistan , be at risk of persecution as a member of a particular social group (former victims of trafficking and/or his family) or of treatment proscribed by Article 3 ECHR? Following reflection , w e are content to adopt this formulation of the issues and the appeal shall be determined accordingly .